Rural Municipality of Alexander, Manitoba
· adopted 2024-07-09
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THE RURAL MUNICIPALITY OF ALEXANDER
BY-LAW NO. 13/24
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ALEXANDER to regulate
unnecessary and harmful noise within the Municipality.
WHEREAS sections 232 and 233 of The Municipal Act L.M. 1996, c.58 Cap M225 provide
in part as follows:
Spheres of Jurisdiction:
232(1) A council may pass by-laws for municipal purposes respecting the following
matters:
(a) The safety, health, protection and well-being of people and the safety and
protection of property;
(b) Subject to section 233, activities or things in or on private property;
Exercising by-law making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-law
passed under this Division
(a) Regulate or prohibit;
Content of by-laws under clause 232(1)(c)
232(1) A by-law under clause 232(1) (c) (activities or things in or on private property)
may contain provisions only in respect of:
(c) Activities or things that in the opinion of the Council are or could
become a nuisance, which may include noise, weeds, odours, unsightly
property, fumes and vibrations;
AND WHEREAS it is considered desirable to prohibit all loud, unnecessary or unusual
noises or any noise which annoys, disturbs, injures or endangers the comfort, repose, health,
peace or welfare of inhabitants of the Rural Municipality of Alexander;
NOW THEREFORE BE IT RESOLVED that the Council of the Rural Municipality of
Alexander duly assembled enacts as follows:
Short Title
1. This By-Law may be referred to as the Rural Municipality of Alexander Noise By-
Law 13/24.
Definitions
2. Unless otherwise expressly provided or unless the context otherwise requires, words
and expressions in this By-Law have the same meaning as the same words and
expressions in The Municipal Act with other definitions as follows:
a) "CAO" means the Chief Administrative Officer of the Rural Municipality of
Alexander or his/her designate;
b) "Drone" means a motorized model or unmanned craft generally remotely or
computer controlled;
c) "Emergency" means any occurrence or set of circumstances involving actual
or imminent trauma or property damage necessitating immediate action;
d) "Municipality" means the Rural Municipality of Alexander;
e) "Noise" means:
i.
An unreasonably loud, unnecessary or excessive noise or sound
ii.
A noise or sound which unreasonably disturbs, injures or
endangers the comfort, repose, health, peace or safety of a
reasonable individual or ordinary sensitivity; or
iii.
A noise or sound which is so harsh, prolonged, unnatural or
unusual in time and place so as to occasion unreasonable
discomfort to any individual or so as to detrimentally affect
residential properties or places of business;
As determined by a Designated Officer, taking into account:
i.
The time of day and day of the week on which the noise or
sound was made;
ii.
The nature and use of the area from which the noise or sound
emanates and the nature and use of the area at which it is
received;
iii.
The nature of the event or activity produce the noise or sound;
and
iv.
The volume, duration and nature of the sound, including
whether it is recurrent, intermittent or constant;
f) "Occupant" means and includes an owner, lessee, tenant, sub-tenant, under-
tenant and respective assigns, heirs and legal representative, and includes any
person, business or corporation exercising physical control or possession of
real property or premises with or without the consent of the owner;
g) "Officer" means any designated officer or other person appointed and
employed by the Municipality to administer and enforce this by-law and
preserve and maintain the public peace;
h) "Owner" means the person or persons or the corporation shown as the
registered owner of real property on the latest revised assessment rolls of the
Municipality;
i) "Recreational Vehicle" means any motorized recreational vehicle, whether
licensed and registered or not, including, but not restricted to racing cars,
motorcycles, go-karts, all-terrain vehicles, off-road vehicles, snowmobiles,
trail bikes, amphibious craft, jet skis and motor boats;
j) "Residential Area" means the residential zones as defined in the Zoning By-
Law No. 08/20, and any amendments thereto; and
k) "Vehicle" means an automobile, motorcycle, truck, bus and any other vehicle
propelled or driven by means other than by muscular power, solar power or
wind.
Prohibited Noises
3. No person shall make or continue or cause to be made or continued, by whatever
means, a Nuisance Noise except where otherwise permitted by this By-Law.
Prohibited Under Any Circumstances
4. Without restricting the generality of Section 3 hereof, the following shall be deemed to
be Nuisance Noise in any part of the Municipality:
a) The sound of any loud, blasphemous, abusive, obscene or insulting language
that is sung, shouted or spoken in a boisterous manner;
b) The sound emanating from any musical instrument, loudspeaker, or other
machine or device for producing or reproducing sound which is audible from a
distance of thirty (30) meters or more as determined by an Officer, unless
authorized by Council;
c) The excessive sound emanating from any motorized toy, Drone, Recreational
Vehicle or Vehicle as determined by an Officer, unless authorized by Council;
d) The sound of any horn, siren or similar signaling device except as a danger
warning.
e) The use of engine retarder brakes ("Jake Brakes") shall be expressly prohibited
within the listed limits of the Rural Municipality of Alexander and shown on
Schedule "A" attached hereto and forming part of this By-law.
Prohibited at Specific Times
5. Without restricting the generality of section 3 and the specifics of section 4, the
following shall be deemed to by Nuisance Noise in any part of the Municipality if
undertaken between the hours of 10:00 p.m. of any day and 7:00 a.m. of the following
day:
a) The sound caused by the lighting and/or setting off of any explosive noise
making device, including a firecracker or any fireworks, unless authorized by
Council;
b) The sound emanating from excavation or construction work of any nature;
c) The sound resulting from the use and/or operation of any power tool,
motorized lawn mower, snow clearing device, chain saw, leaf blower,
motorized garden tiller, weed/grass trimmer or similar devices used outdoors
in any Residential Zone;
d) The sound created by the use or operation of any drum, horn, bell or radio;
e) The sound created by any means for the purposes of advertising or for
attracting attention to any performance, show or sale or display of goods,
wares or merchandise which projects noise or sound into any street or public
place, except where authorized by Council.
Responsibility for Nuisance Noise
6. The Owner or Occupant in control of a property or premises is responsible for
Nuisance Noise created by invitees, guests or other persons on the property or premises in the
same manner as the person actually creating the Nuisance Noise.
Permitted Noises
7. None of the provisions of this By-Law shall apply to:
a) Sound emanating from any concert, circus, fair, parade, street festival, block
party or similar activity authorized by a resolution of Council;
b) Any farmer or agent or employee of a farmer operating farm equipment during
the normal course of farming operation;
c) Any agent, employee, servant or contractor of the Municipality performing
services for or on behalf of the Municipality including, without limitation, the
performance of any public work including snow clearing, road maintenance
and road construction;
d) Sound emanating from the clearing of snow from private parking lots and
driveways;
e) The sirens of any emergency service vehicle while engaged in providing
Emergency work or responding to an Emergency or during testing of any
Emergency warning siren including any sounds emanating from a fire hall
alarm;
f) sound emanating from the sound system of recognized recreational facilities
with the Municipality during special events authorized by Council;
g) The use of any bell, chime or similar sound for the purpose of call persons to
church and/or school services.
Enforcement, Contravention and Fines
8. The enforcement process will be as follows:
a) Any person may allege a violation of this by-law by filling a written complaint
with the Municipality or representative of the Municipality;
b) Where an Officer determines that a contravention of any provision of this by-
law has occurred, the Officer may commence enforcement proceedings in
accordance with the Municipality's enforcement policy and procedures;
c) A person who receives an order to remedy a contravention may appeal such
order in accordance with the Municipality's General Enforcement By-Law.
Council's decision on the issue is final and not subject to further appeal;
d) The Municipality and/or the Officer may take whatever action or measures are
necessary to remedy a contravention of this by-law in accordance with the
Municipality's General Enforcement By-Law;
e) Any person who contravenes or disobeys or refuses or neglects to obey or
comply with any provision of this by-law or any order made under this by-law
is guilty to an offence and is liable to fines and penalties as set out in the
Municipality's General Enforcement By-Law, or any fine by-law enacted by
Council under the Provincial Offences Act or Municipal By-law Enforcement
Act;
f) All applicable fines, costs and charges remaining outstanding after the
expiration of thirty (30) days from the date of issue of the offence notice shall
be added to the owner's property tax account to be collected in the same
manner as a tax may be collected under The Municipal Act.
Severability
9. If any provision of this by-law is held to be invalid by any court of competent
jurisdiction, the remaining provisions of the by-law shall not be invalidated.
Repeal
10. By-Law 10/20 and any amendments hereto is hereby repealed in its entirety.
THE RURAL MUNICIPALITY OF ALEXANDER
____Original signed by____________
Mayor
_____Original signed by___________
Chief Administrative Officer
Read a 1st time this 25 day of June A.D. 2024
Resolution No. 2024 368
Read a 2nd time this 9 day of July A.D. 2024
Resolution No. 2024 386
Read a 3rd time this 9 day of July A.D. 2024
Resolution No. 2024 387
THE RURAL MUNICIPALITY OF ALEXANDER
BY-LAW NO. 13/24
SCHEDULE "A"
i. PTH 11 for one KM in either direction from the intersection of PTH 11
and Great Falls Road;
ii. PR 315 one KM west of PR 315 on PR 313 and one KM north of PR
313 on PR 315;
iii. 500 metres each side of the intersection of RD 97 and Stead Rd
iv. PR 304 for one KM north and one KM south of Northshore Road
v. PR 315 between Sun Lee Road and Spruce Land Drive